(cf SCR Part 6, rule 10; DCR Part 20, rule 10; LCR Part 18, rule 1)
(1) A party (the cross-claimant) may make a cross-claim:(a) in proceedings commenced by statement of claim, within the time limited for the party to file a defence, or(b) in proceedings commenced by summons, before the return day specified in the summons,or within such further time as the court may allow.(2) A cross-claim is to be made:(a) by statement of cross-claim, in the case of a cross-claim in proceedings commenced by statement of claim, or(b) by cross-summons, in the case of a cross-claim in proceedings commenced by summons.(3) Subject to this Part, these rules apply to a statement of cross-claim and cross-summons in the same way as they apply to a statement of claim and summons, respectively.(4) In any proceedings, each cross-claim is to be numbered (“first cross-claim”, “second cross-claim” and so on) in the order in which the cross-claims are filed.(5) For the purposes of rule 4.2 (2) (d), the identification of a document as a cross-claim must include the number given to the cross-claim under this rule.
9.2 Existing parties need not enter separate appearance
A party against whom a cross-claim is made (the cross-defendant) is not required to enter an appearance if he or she:(a) is a party to the proceedings in which the cross-claim is made, and(b) has entered an appearance in those proceedings.
9.3 Cross-claimant may rely on previous pleadings
(cf SCR Part 6, rule 11; DCR Part 20, rule 11; LCR Part 18, rule 1)
A cross-claimant may, in the cross-claim, plead all or any of the facts on which he or she relies by reference to the previous pleadings in the proceedings from which the cross-claim arises.
The cross-defendant must include in his or her defence to a statement of cross-claim any grounds on which he or she disputes the claim made by the cross-claimant.
9.5 Default of cross-defendant to cross-claim
(cf SCR Part 6, rule 7; DCR Part 20, rule 7)
If a cross-defendant does not file a defence to a statement of cross-claim in accordance with these rules or an order of the court:(a) any judgment (including summary judgment, judgment by default or judgment by consent) on any claim, question or issue in the proceedings, so far as it is relevant to the cross-claim, and(b) any decision (including any decision by consent) on any claim, question or issue in the proceedings, so far as it is relevant,is binding, as between the parties to the cross-claim, unless the court orders otherwise.
(cf SCR Part 6, rule 5; DCR Part 20, rule 5)
(1) If a cross-defendant is an active party, personal service of a statement of cross-claim or cross-summons on that party is not required.(2) Rule 10.16 (Service by filing) does not apply to service of a statement of cross-claim or cross-summons.
(cf SCR Part 6, rule 5; DCR Part 20, rule 5; LCR Part 18, rule 1)
(1) This rule applies to the service of a statement of cross-claim or cross-summons on a person who is not already a party to the proceedings from which the cross-claim arises.(2) When serving the statement of cross-claim or cross-summons, the cross-claimant must serve on the cross-defendant both the originating process in the proceedings from which the cross-claim arises and such of the following documents as have been filed by or served on the cross-claimant:(a) in proceedings commenced by statement of claim or in which a statement of claim has been filed, any other pleadings,(b) in proceedings commenced by summons, any other cross-summonses,(c) any notices of motion not finally disposed of,(d) any affidavits, other than affidavits that are not relevant to the questions arising on the cross-claim,(e) any other documents that have been served by the plaintiff on the defendant, or by the defendant on the plaintiff, and are intended to be relied on,(f) any amendments to any of the documents referred to in paragraphs (a)–(e).(3) Service of a statement of cross-claim or cross-summons must be effected in accordance with the provisions of these rules with respect to service of originating process.
(cf SCR Part 6, rule 4; DCR Part 20, rule 4; LCR Part 18, rule 4)
The court, at any stage of the proceedings:(a) may order that any cross-claim, or any question in or arising on any cross-claim, is to be separately tried, and(b) may direct generally the extent to which the usual procedures at a trial or hearing are to be modified because of the joinder of the cross-defendant.
9.9 Proceedings to continue together
(cf SCR Part 6, rule 6 (1); DCR Part 20, rule 6 (1); LCR Part 18, rule 3 (1))
Unless the court orders otherwise, proceedings on a cross-claim are to be carried on together with the proceedings from which the cross-claim arises.
9.10 Cross-claim may be separately prosecuted
(cf SCR Part 6, rule 8; DCR Part 20, rule 8; LCR Part 18, rule 3 (5))
(1) A cross-claim may proceed even if:(a) judgment has been entered on the originating process in the proceedings from which the cross-claim arises or any other cross-claim in the proceedings, or(b) the proceedings on the originating process or any other cross-claim have been stayed, dismissed, withdrawn or discontinued.(2) Proceedings on the originating process in the proceedings from which the cross-claim arises may proceed even if:(a) judgment has been entered on any cross-claim in the proceedings, or(b) the proceedings on any such cross-claim have been stayed, dismissed, withdrawn or discontinued.
9.11 Contribution or indemnity
(cf SCR Part 6, rule 9; DCR Part 20, rule 9; LCR Part 19, rule 1)
(1) If a defendant makes a cross-claim for contribution or indemnity in respect of a claim made against the defendant in the proceedings, judgment on the cross-claim:(a) is not to be entered except by leave of the court, and(b) is not to be enforced until any judgment in the proceedings against the defendant has been satisfied.(2) If a cross-claim in any proceedings includes a claim for contribution under section 5 of the Law Reform (Miscellaneous Provisions) Act 1946 in respect of a claim made in the proceedings against the party by whom it is filed, a defence to the cross-claim, or subsequent pleadings on the cross-claim, may not be filed unless the court so directs.